12-20-1971 Mid-Monthly MeetingPAGE 34
DECEMBER 20, 1971
The mid -month meeting of Mayor and Council was held at City Hall, Smyrna, Georgia,
on December 20,1971 and called to order at 7:30 P. M. by presiding officer Harold
L. Smith. All Council Members were present. Also present: L. W. Charles, City
Clerk, D. Scott Jackson, Tax Assessor, G. W. Carreker, City Attorney, J. E. David
Public Work6HSupt., C. C. Porterfield, Fire Chief, Leon Hood, Building Inspector,
N. Proctor, George Hardy of Mayes, Sudderth and Etheredge, and a representative of
the Atlanta Journal, Marietta Journal and WBIE.
Invocation was by Councilman Hubert Black.
Under Citizens Reports, Mrs. Norma P. Leese appeared before Mayor and Council requesting
the zoning on property located at 696 Cherokee Road be changed from C to C-l. Mrs.
Leese also requested the Snoop Shop (ceramics) be allowed to continue operating until
the hearing. On motion by.J. C. Porterfield, seconded by Hubert Black, the date for the
zoning hearing was set for January 17,1972, and the request of Mrs. Leese to have the
shop remain open until the zoning hearing was granted. Vote on the motion was unanimous
Mr. Bud Mosley represented the petitioner on the zoning hearing on property located
in Land Lot 559 (New Spring Road) from C-1 to C-2 for the purpose of operating a
�,.retail building materials store. Mr. Mosley stated the business would be a cash
and carry building materials store and there would be an entrance on Spring Road
and one from the shopping center. J. C. Porterfield motioned the property be
rezoned from C-1 to C-2,
restricted to a retail building materials store and related items. The motion was
seconded by C. 0. Canada and voted unanimously.
Building Inspector Leon Hood submitted plans for the building materials store in
Land Lot 559 and recommended approval subject to inspection by the fire department.
On motion by Arthur T. Bacon, seconded by Marston Tuck, the permit was approved
on unanimous vote.
Properties advertised as Parcel #1, #2, and #3, located on Ventura Road and Ventura
Place, were rezoned from C-2 to C-1, on motion by J. C. Porterfield, seconded by
Homer Kuhl. Vote on the motion was unanimous. There was no opposition to the
rezoning.
Mr. Paul J. Brown, Dr. Robert Kushner, Dr. Lewis Belifante, and. -Mr. Walter Carey,
Architect, represented the petitioners for the zoning hearing on property located
inLand Lots 483 and 526 between McCauley and King Springs, from R-1 to R-2,
restricted to a hospital and professional office buildings. The proposed 102 bed
hospital would employ approximately 250 people and would be a full service hospital
except for thedelivery of babies. Aproximately 130 citizens appeared before
Mayor and Council in opposition to.the zoning. Attorney Al Cochran was spokesman
for the group and submitted a petition signed by approximately 206 people in the area,
a copy of a bill to be presented by Senator Cy Chapman in the 1972 General Assembly,
and a copy of a report by the Metropolitan Atlanta Council for Health. Homer Kuhl
motioned that the petition to rezone this property, restricted to a hospital and
professional office buildings, be denied. Marston Tuck seconded the motion and
the vote for denial was unanimous.
In addition to the building permit for the building materials store, Building
Inspector Leon Hood submitted the following applications and upon his recom-
mendations, action is recorded as follows:
(a) Remodel upstairs of Bradfield Building, 2818 Atlanta Street. Approved
unanimously on motion by J. C. Porterfield, seconded by C. 0. Canada.
(b) Texaco .sign, 750 Cherokee Street. Mr. Hicks and Mr. Anderson stated they were
unaware they were supposed to obtain a permit for the sign before it was installed.
Most of the Council Members were of the opinion the sign was much too big for the
area; however, after further discussion, Marston Tuck motioned the sign permit
be granted including a waiver in the distance from a residence and the size of the
sign. The motion was seconded by Hubert Black and voted unanimously.
PAGE 85
(CONTINUATION OF DECEMBER 20, 1971)
Marston Tuck read a letter from Chief Robert L. Drake regarding the promotion
of four patrolmen to Sergeants. The persons recommended were:
Dean Christman J. L. McCollum
Larry F. Segars Curtis C. Cook
Mr. Tuck motioned the four patrolmen listed above be elevated to the rank of
Sergeant, effective December 1, 1971. The motion was seconded by J. P. White
and voted unanimously.
One bid on employees' group insurance was submitted by the Life Insurance Company
of Virginia. One bid had previously been submitted by Kennesaw Life Insurance
Company. Both Bids were referred to committee for study and recommendations.
A request by Kassuba Development Corporation to close Woodlawn Terrace to the
public was discussed. Marston Tuck motioned the road be closed to the public at
the turn around, the City retain ownership of the road, and the paving remain the
same. The motion was seconded by Arthur T. Bacon. The vote -was six to one,
Homer Kuhl opposed. The road will remain open for use of fire trucks, garbage
pick up, maintenance trucks, etc. The kassuba Corporation will give the City of
Smyrna aii easement to the road after it is closed.
Councilman Marston Tuck reported a fire truck purchased for West Jackson Fire
District, Hoschton, Georgia had been returned to the vendor, Charles L. McLarty
Company, and was for sale for $23,500. The original cost of the truck was $27,500
and it had only been used twice. Mr. Tuck motioned that the City purchase the 750
gallon fire truck from the McLarty Company for $23,500. Arthur T. Bacon
seconded the motion. The motion carried six to one, J. P. White abstained.
Councilman J. P. White motioned that the salary for Councilmen be adjusted from
$150 per month to $200 per month, and the salary for Mayor be changed from $250
to $325 per month, effective July 1, 1972. The motion was seconded by C. 0. Canada.
The motion carried four to three. For the motion J. P. White, Arthur T. Bacon,
J. C. Porterfield, and C. 0. Canada. Opposed, Hubert Black, Marston Tuck and
Homer Kuhl. On.motion by.Hubert Black, and second of Marston Tuck, authority was
granted to trabsfer $90,000 from the Water Revenue Fund to.the General Fund, as
needed during.the first quarter of 1972. The temporary loan will be repaid to the
Water Revenue Fund. Vote on the motion was unanimous.
The December 6, 1971 minutes were approved as submitted on motion by J. C. Porterfield,
seconded by J. P. White. Vote on the motion was unanimous.
Mayor Harold L. Smith stated the January 3, 1972 Council Meeting to complete old
business would be held at 7:00 o'clock P. M.
Arthur T. Bacon reported the B. F. Reed house on.Clifton Road was still unfinished
and he had received many complaints from neighbors in the area. This item was
referred to J. C. Porterfield and the new City Attorney.
City Attorney G. W Carreker commenting verbally on the Love -Concord widening project
stated that all records of the State Highway Department show a forty foot
right-of-way but the City of Smyrna has no conveyance of a forty foot right-of-
way dedicated to the City. Mr. Carreker Further reminded Council that other suits
pending, namely, Officer Tarver and Rain, Inc., should be turned over to the newly
appointed City Attorney.
The meeting adjourned at 10:08 P. M.
PAGE 36
(CONTINUATION OF DECEMBER 20, 1971)
MARSTON TUCK, COUNCILMAN WARD # 1
ARTHUR T. BACON, COUNCILMAN WARD # 3
C: 0. CAN , COUNCILMAN WARD '-'---
HUBERT BLACK, COUNCILMAN WARD #7
L. W. CHARLES, CITY CLERK
J. P. WHITE, COUNCILMAN WARD #2
HOMER KUHL, CO CILMAN WARD #4
C. PORTERFI D, COUNCILMAN WAR61-6
MAYOR'S OATH OF OFFICE
— I, John C. Porterfield, do solemnly swear that I will well and truly
demean myself as Mayor of the City of Smyrna for the ensuing term,
and that I will faithfully enforce the Charter and Ordinances of
said City to the best of my ability, without fear or favor, and in
all my actions as MAYOR act as I believe for the best interest of
the said City. So help me God.
0
0 ✓w C_
Mayor John C. Porter 'eld Seal
Subscribed and sworn to before
me this 3rd day of January, 1_972
Judge, Cobb County Superio Court
COUNCILMAN
I, Marston Tuck, do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability, without fear or favor, and in all my
actions as COUNCILMAN act as I believe for the best interest of the
said City. So help me God.
Councilman Ward #1
Marston Tuck Seal
Subscribed and sworn to before
me this 3rd day of January, 1972
Judge, Cobb County Superio Court
r
1
COUNCILMAN
I, Forster Puffe,.do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability; without fear or favor, and in all my
actions as COUNCILMAN act as I believe for the best interest of the
said City. So help me God. ---�
Subscribed and sworn to before
me this 3rd day of January, 1972
FOR
Forster Puffe
Seal
_r 1
COUNCILMAN
I. Arthur Bacon, do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability, without fear or favor, and in all my
actions as COUNCILMAN act as I believe for the best interest of the
s aia City. So help me God.
Councilman Ward
Arthur Bacon Seal
Subscribed and sworn to before
me this 3rd day of January, 1972
Judge, Cobb County �Supe�rio;7--Court
COUNCILMAN
I, Homer Kuhl, do solemnly swear that I•will well and truly demean
myself as Councilman of the City of Smyrna 'for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability, without fear or.'favor, and in all my
actions as COUNCILMAN act as 'I believe. for the best interest of the
said City. So help me God.
Councilman Ward #4
Homer Kuhl Seal
Subscribed and sworn to before
me this 3rd day of January, 1972
Judge, Cobb County Superior 15 urt
COUNCILMAN
I, C. 0. Canada, do solemnly swear that I will well and truly demean
myself as Councilman of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability, without fear or favor, and in all
my actions as COUNCILMAN act as I believe for the best in-te-rest of
the said City. So help me God.
councilman w
C. 0. Canada
Subscribed and sworn to before
me this 3rd day of January, 1972
J ge, Cobb County Superio Court
Seal
COUN C I IMAM
I, Elbert Coalson, do solemnly swear that I will well and truly
demean myself as Councilman of the City of Smyrna for the ensuing
term, and that I will faithfully enforce the Charter and Ordinances
of said City to the best of my ability, without fear or favor, and
in all my actions as COUNCILMAN act as I believe for the best
�--. interest of the said City. So help me God.
oun c i lm an Ward #6
Elbert Coalson Seal
y1
Subscribed and sworn. to' before
me this 3rd day of January, 1972
Judge, Cobb County Superior urt
3"$ RIOWulA-Z
-` I, Norman Miles, do solemnly swear that I will well and truly demean
<frs myself as Councilman of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said
-'� City to the best of my ability, without fear or favor, and in all my
actions as COUNCILMAN act as I believe for the best interest of the
said City. So help me God.
Councilman Ward #7
Norman Miles Seal
Subscribed and sworn to before
me this 3rd day of January, 1972
Judge, Cobb County Superior urt
CITY CLERK
I, L. W. Charles, do solemnly swear that I will well and truly demean
myself as City Clerk of the City of Smyrna for the ensuing term, and
that I will faithfully enforce the Charter and Ordinances of said
City to the best of my ability, without fear or favor, and in all,my
actions as CITY CLERK act as I believe for the best interest of the
said City. So help me God.
City Clerk
L. W. Charles Seal
Subscribed and sworn to before
me this 3rd day of January, 1972
u ge, Cobb my Superior urt
CITY ATTORNEY
I, Berl T. Tate , do solemnly swear that I will
well and truly demean myself as City Attorney of the. City of Smyrna
for the ensuing term, and that I will faithfully enforce the Charter
and Ordinances of said City to the best of my ability, without fear
or favor, and in all my actions as CITY ATTORNEY act as I believe
for the best interest of .the said City. So help me God.
f
L
L.
ty' Attorney
fi
1
Subscribed and sworn to before
me this 3rd day of January, 1972
Judge, Cobb County Superio ourt
COURT RECORDER
9
I, C_ V_ Reeves , do solemnly swear that I will
well and truly demean myself as Court Recorder of the City of Smyrna
for the ensuing term, and that I will faithfully enforce the Charter
and Ordinances of said City to the best of my ability, without fear
or favor, and in all my actions as COURT RECORDER act as I believe
for the best interest of the said City. So help me God.
Court Recorder
Subscribed and sworn to before
me this 3rd day of January, 1972
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